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| Convention for the New Constitution (Chile) | |
|---|---|
| Name | Convention for the New Constitution (Chile) |
| Native name | Convención Constitucional |
| Established | 2021 |
| Disbanded | 2022 |
| Jurisdiction | Chile |
| Seat | Santiago |
| Members | 155 |
| President | Doris González; Rocío Montes; Rafael Prohens |
Convention for the New Constitution (Chile) was the constituent body convened to draft a proposed replacement for the 1980 1980 Constitution following the 2019–2020 Chilean protests and the 2020 national plebiscite. The Convention sat in Santiago between 2021 and 2022, bringing together delegates from a wide array of political parties, social movements, indigenous organizations, and civil society actors to negotiate a comprehensive constitutional text.
The Convention emerged from the 2019–2020 crisis marked by mass demonstrations across Santiago, Valparaíso, Biobío, and other regions, which followed contentious episodes involving the Carabineros, fiscal policy debates linked to the IMF era, and discontent with neoliberal reforms instituted during and after the Pinochet period tied to figures such as Augusto Pinochet, Patricio Aylwin, and institutions like the Central Bank. Negotiations between the Gabriel Boric administration predecessors and opposition blocs culminated in the national plebiscite of 25 October 2020, where citizens chose a new constituent process influenced by campaigns from groups including Apruebo Dignidad, Chile Vamos, Socialist Party, Communist Party, and indigenous collectives such as the Mapuche organizations.
The Convention comprised 155 elected delegates representing political coalitions like Apruebo Dignidad, Frente Amplio, Christian Democratic Party, and Republican Party, alongside independent lists and reserved seats for indigenous peoples including the Aymara, Rapa Nui, Quechua, and Atacameño. Leadership positions rotated in accordance with internal rules influenced by parliamentary precedents such as the Chamber of Deputies and the Senate, and procedural officers were influenced by comparative models from the Bolivian Constituent Assembly and the Icelandic process. Membership included prominent public figures, academics from Universidad de Chile, Pontificia Universidad Católica de Chile, civil society leaders from Movilh, feminist activists tied to Movimiento Ni Una Menos, and environmental advocates connected to movements near Punta Arenas and Chiloé.
Procedures combined plenary sessions, thematic commissions, and working groups modeled after practices in institutions like the Inter-American Commission on Human Rights and comparative constitutional conventions such as the Ecuadorian Constituent Assembly. The Convention established commissions on rights (echoing debates in the European Court of Human Rights), political system design (drawing on features from the Spanish Constitution and German Basic Law), indigenous recognition (informed by ILO Convention 169 discussions), and environment (resonant with rulings from the International Court of Justice). Voting thresholds, quorum rules, and amendment procedures were negotiated with reference to precedents in the UN practice and regional instruments such as the OAS charters. Transparency measures included public broadcasts, social media engagement referencing Twitter, YouTube, and civil society oversight by organizations like Observatorio del Derecho a la Educación.
Major substantive debates centered on the form of the state—unitary versus plurinational models inspired by the Bolivian Constitution—territorial organization invoking regionalism debates in Valparaíso and Magallanes, the structure of the legislative branch with proposals referencing bicameral systems such as the United States Congress and unicameral models like the New Zealand, and the judicial design informed by the Supreme Court and constitutional courts like the Constitutional Court of Spain. Rights provisions debated included social rights similar to provisions in the South African Constitution, indigenous rights paralleling Norway’s Sami arrangements, environmental rights akin to rulings by the Inter-American Court of Human Rights, and electoral reforms drawing on mechanisms from the D'Hondt method and proportional systems used in Germany and Sweden. Contentious topics included resource nationalization with references to Codelco, pension system reform linked to the AFP system, and the role of private actors in public service delivery debated against examples from United Kingdom and France.
Public engagement involved campaigns by coalitions such as Apruebo Dignidad and opposition blocs including Chile Vamos, civic movements like Plataforma Chile Mejor sin AFPs, and cultural figures from the La Moneda sphere. The proposed draft was subjected to a national plebiscite that followed precedents of constitutional referendums in Iceland and Quebec; media coverage ranged across outlets such as El Mercurio, La Tercera, and TVN. Polling institutions like CED and Encuesta CEP monitored public opinion, while international observers from the EU and the OAS assessed the referendum process. The ultimate referendum outcome reflected polarized support and mobilization similar to historical plebiscites such as the 1988 Chilean national plebiscite.
Although the draft embodied transformative proposals touching institutions like the Corte Suprema de Justicia, SII, and public health systems akin to FONASA, its legal impact depended on ratification outcomes and subsequent legislative transposition reminiscent of constitutional transitions in South Africa and Spain. Political consequences reshaped party dynamics among Socialists, Christian Democrats, and emergent movements like Movimiento Autonomista, affecting executive-legislative relations involving presidents such as Sebastián Piñera and successors. Judicial review interactions invoked jurisprudence from the Colombian Constitutional Court and influenced administrative agencies modeled on the CMF.
The Convention’s legacy includes influence on municipal reforms in Valparaíso, indigenous consultation protocols in regions such as La Araucanía, and policy debates on pensions, health, and environmental protection that engaged actors like Codelco and environmental NGOs. Subsequent developments involved legislative initiatives by coalitions in the National Congress, scholarly analysis at institutions like Universidad Diego Portales and Universidad Adolfo Ibáñez, and comparative attention from constitutional scholars who referenced cases including the Icelandic convention and the Bolivian Constituent Assembly. International observers and regional actors—UNDP, IDB—documented lessons for future constitutional design processes in Latin America.
Category:Politics of Chile Category:Constitutions of Chile